Supreme Court of Louisiana, 2001

Young v. Roth

Supreme Court of Louisiana · Decided November 9, 2001 · Calogero, Deny, Johnson, Kimball, Writ

800 So. 2d 374; 2001 La. LEXIS 2988; 2001 WL 1388779 (Southern Reporter, Second Series)

Cases that cite this one

7 later published cases cite this decision.

Gauthier v. Gauthier (La. Ct. App. 2004)
Shirley Gauthier v. Newty Paul Gauthier (La. Ct. App. 2004)
Anderson v. Norfolk Southern R. Co. (La. Ct. App. 2002)
Anthony Phillip Girouard, Jr. v. Sue Taylor Girouard (La. Ct. App. 2022)
Hillary Noel-Potier v. Richard Potier (La. Ct. App. 2024)
Charles W. Kouba and Jeri S. Kouba v. City of Natchitoches (La. Ct. App. 2018)
Alton Leon Fields, Sr. v. Lafayette Parish Consolidated Government (La. Ct. App. 2014)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.*

While plaintiffs counsel produced evidence showing she was out of town for *375medical reasons for approximately two weeks immediately prior to the expiration of the ninety day period for requesting service, and was in court on the entire day of the deadline, she has not shown any reason why she was prevented from requesting service within the first two months of the ninety day period. Plaintiffs counsel’s request of service one day after the ninety day period expired strongly suggests she either miscalculated or mis-calendared the deadline. Such inadvertence does not constitute good cause. See, e.g., Norbert v. Loucks, 01-1229 (La.6/29/01), 791 So.2d 1283.

Accordingly, the writ is granted. The judgment of the trial court is reversed, and relators’ motion for involuntary dismissal under La.Code Civ. P. art. 1672(C) is granted.

CALOGERO, C.J., KIMBALL and JOHNSON, JJ., would deny the writ.

Retired Judge Robert L. Lobrano participated in this decision as Associate Justice Pro Tem-pore.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.